An Important Change Regarding the Status of Workers from Cuba, Haiti, Nicaragua, and Venezuela

AICC Partner Christine Walters shares an important change regarding the status of workers from Cuba, Haiti, Nicaragua, and Venezuela. Please consider accordingly.

The Department of Homeland Security has revoked work authorizations (Category C11 - parole program) for approximately 500,000 people from Cuba, Haiti, Nicaragua, and Venezuela. The revocation was affirmed by the U.S. Supreme Court. If you use E-Verify, you should have received a notice informing you that you will no longer receive alerts regarding the status change of your employees.You should periodically generate a status change report within your account.Click here for more information. If you do not use E-Verify and employ one or more employees whose Form I-9 document was a Category C11 work authorization, DHS recommends you ask the employee to confirm that their authorization is still valid.  Remember, you maynot discriminate based on national origin, citizenship, or immigration status. If an employee’s work authorization has been revoked, invite the employee to provide alternate Form I-9 documentation to verify authorization to work in the U.S. If the employee cannot provide that within a “reasonable period” you must terminate the employee’s employment.

For Covered Federal Government Contractors

• Affirmative Action Plans for Protected Veterans and Individuals with Disabilities Update - On January 24, 2025, the OFCCP put a hold on all compliance reviews and investigations under the Federal Rehabilitation Act and VEVRAA, including those related to affirmative action plans for protected veterans and individuals with disabilities (see my Client Alerts of January 25^th and February 4^th). The purpose was to give the agency time to “unwind OFCCP’s E.O. 11246 program areas from the Section 503 and VEVRAA areas and ensure OFCCP did not undertake any activity for which it was not authorized.” On July 2^nd, you should have received theOFCCP’s notice that the abeyance was lifted and the OFCCP will resume investigations and reviews that arenot related to EO 11246 compliance, e.g., AAP’s for women and minorities. The certification period for your Plans for protected veterans and individuals with disabilities remains closed (the portal in which you are required to attest to maintaining covered Plans).What does this mean for you? The OFCCP writes, “Contractors are reminded, however, that Section 503 and VEVRAA, along with their implementing regulations, remain in effect and contractors should continue to otherwise comply with their obligations under the Section 503 and VEVRAA regulatory schemes.”Ensure you have updated and are maintaining your AAP’s for protected veterans and individuals with disabilities, including the training requirements.  NOTE: The 2025 -26 benchmark for the utilization of protected veterans is still not published (see my Client Alert email of May 23^rd). I recommend you continue to use last year’s benchmark.
• Reminder for VETS 4212 Filing –The reporting period is scheduled to begin August 1^st and end on September 30^th. You may want to put a tickler on your calendar andbookmark the website. The OFCCP has a new “VETS-4212 Report Advisor” with FAQ’s you may want to check out in advance to prepare.

Christine V. Walters, J.D., MAS, SHRM-SCP, SPHR

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